ACCEPTABLE USE POLICY (AUP)
Last Updated: 01/15/23
Purpose. Roam Direct LLC and its affiliates (collectively, “Roam Direct LLC”) have drafted this Acceptable Use Policy (“AUP”) to encourage the responsible use of Roam Direct LLC’s and Roam Direct LLC’s underlying carriers’ networks, systems, services, websites and products (collectively, the “Roam Direct LLC Services”) by our Customers and other users of the Roam Direct LLC Services (collectively, “Users”), and to enable Roam Direct LLC to provide Users with secure, reliable and productive services. By using the Roam Direct LLC Services, Users consent to be bound by the terms of this AUP. Roam Direct LLC reserves the right to make revisions to this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Roam Direct LLC Services after such modification shall constitute acceptance of such modification.
Warning/Suspension/Termination. Users’ failure to comply with this Policy shall constitute a violation by Customer as deemed in Roam Direct LLC’s sole discretion (“Violation”), with each such failure constituting a separate Violation. A Violation of this Policy may result in a warning, suspension, or termination of Services and/or termination of Customer’s Agreement. Users shall immediately notify Roam Direct LLC if they know or have a reasonable suspicion that a User of the System is using it in Violation of this Policy. Roam Direct LLC may take such further action as Roam Direct LLC deems to be appropriate under the circumstances to eliminate or preclude repeat violations, and Roam Direct LLC shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Roam Direct LLC’s exercise of its rights under this AUP. Customers shall contractually require that all Users comply with this Policy.
Miscellaneous. Failure of Roam Direct LLC to enforce this Policy or take any action with respect to a Violation shall not constitute a waiver of its right to enforce any other Violation. Roam Direct LLC takes no responsibility for any material created or accessed via the System and does not monitor, verify, warrant or validate the integrity, accuracy and quality of information it receives or transmits, but reserves the right to do so in the event it has a good faith suspicion that a User may have violated this Policy.
1. Illegal Use. Roam Direct LLC Services shall not be used for any illegal purpose, and must be used in compliance with all applicable government regulations. Any use of the System for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, but not limited to, the following: (i) Intellectual property – unauthorized Transmission of material protected by privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, patent, copyright, trade secret, or other intellectual property rights; (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; and (iii) Export control – unauthorized Transmission of any material that may violate export control laws or other regulations. (iv) Engaging in any unsolicited advertising, marketing, or other unlawful activities using the Services, including, without limitation, any activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, and all federal and state Do Not Call and calling-time restriction laws and regulations; and/or (v) Creating a false identity, forged email address or header, phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call, including failing to comply with the Truth in Caller ID Act.
2. Harmful Content. Users shall not use the Roam Direct LLC Services to transmit, distribute or store material that may be harmful to or interfere with the Roam Direct LLC Services or any third party’s networks, systems, services, or web sites.
3. Fraudulent/Misleading Content. Users shall not use the Roam Direct LLC Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
4. Inappropriate Actions. Users shall not use the Roam Direct LLC Services to conduct activities that may be harmful to or interfere with the Roam Direct LLC Services or any third party’s networks, systems, services. Users are prohibited from violating or attempting to violate the security of the Roam Direct LLC Services or the accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Roam Direct LLC will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.
5. Responsibility for Content. Roam Direct LLC takes no responsibility for any material created or accessible on or through the Roam Direct LLC Services. Roam Direct LLC is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. If Roam Direct LLC becomes aware that any such material may violate this AUP and/or expose Roam Direct LLC to civil or criminal liability, Roam Direct LLC reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Roam Direct LLC further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Roam Direct LLC deems responsible for the wrongdoing.